No. 20-1229

James W. Robertson, Sr. v. Intratek Computer, Incorporated

Lower Court: Fifth Circuit
Docketed: 2021-03-08
Status: Denied
Type: Paid
CVSGAmici (1)Response RequestedRelisted (3)
Tags: administrative-scheme arbitration-enforcement employment-rights federal-contract government-subcontractor mandatory-arbitration non-waiver-provision statutory-interpretation whistleblower-protection
Key Terms:
Environmental Arbitration ERISA SocialSecurity LaborRelations EmploymentDiscrimina WageAndHour Privacy ClassAction JusticiabilityDoctri
Latest Conference: 2022-05-12 (distributed 3 times)
Question Presented (AI Summary)

Does mandatory compelled arbitration of claims under 41 U.S.C. § 4712 disrupt the administrative scheme set up by Congress to remedy and enforce violations of 41 U.S.C. § 4712?

Question Presented (OCR Extract)

QUESTION PRESENTED Under 41 U.S.C. § 4712, employees of government subcontractors may not be retaliated against for reporting violations of laws, rules, or regulations related to the competition for or negotiation of a federal contract. 41 U.S.C. § 4712(a)(1). In section (c), titled “Remedy and Enforcement Authority,” the statute provides a very specific scheme of rights and remedies and how to enforce them, including a private cause of action in federal court, district court enforcement of agency orders, and appellate review. Jd. at § 4712(©). The final subsection of section (¢) states: “The rights and remedies provided for in this section may not be waived by any agreement, policy, form, or condition of employment.” Id. at § 4712(©)(7). The Questions Presented are: 1. Does mandatory compelled arbitration of claims under 41 U.S.C. § 4712 disrupt the administrative scheme set up by Congress to remedy and enforce violations of 41 U.S.C. § 4712? 2. Did Congress intend to prohibit enforcement of mandatory employment arbitration agreements in 41 U.S.C. § 4712, even if the statute does not expressly refer to arbitration, when it (a) expressly provided for a federal trial in the remedy and enforcement section and (b) expressly prohibited waiver of any rights and remedies provided as a condition of employment?

Docket Entries

2022-05-16
Petition DENIED.
2022-04-26
DISTRIBUTED for Conference of 5/12/2022.
2022-04-22
Supplemental brief of petitioner James W. Robertson, Sr. filed. (Distributed)
2022-04-11
Brief amicus curiae of United States filed.
2021-10-04
The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
2021-07-21
DISTRIBUTED for Conference of 9/27/2021.
2021-07-20
Reply of petitioner James W. Robertson, Sr. filed. (Distributed)
2021-07-02
Brief of respondent Intratek Computer, Incorporated in opposition filed.
2021-05-27
Motion to extend the time to file a response is granted and the time is extended to and including July 2, 2021.
2021-05-26
Motion to extend the time to file a response from June 2, 2021 to July 2, 2021, submitted to The Clerk.
2021-05-03
Response Requested. (Due June 2, 2021)
2021-04-21
DISTRIBUTED for Conference of 5/13/2021.
2021-03-01
Petition for a writ of certiorari filed. (Response due April 7, 2021)

Attorneys

Intratek Computer, Incorporated
Jacob Charles CohnGordon & Rees, Respondent
Jacob Charles CohnGordon & Rees, Respondent
Heidi J. GumiennyGordon Rees Scully Mansukhani, LLP, Respondent
Heidi J. GumiennyGordon Rees Scully Mansukhani, LLP, Respondent
James W. Robertson, Sr.
Robert Joseph WileyRob Wiley, P.C., Petitioner
Robert Joseph WileyRob Wiley, P.C., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Amicus
Elizabeth B. PrelogarSolicitor General, Amicus